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New York AG Turns on Client by A Court of Claims judge denounced a highranking lawyer in the Attorney General's office after she threatened and attempted to intimidate a claimant's expert witness_who happened to be the former New York State Commissioner of Correctional Services. Former Commissioner Thomas A. Coughlin III …
Article • July 15, 2001 • from PLN July, 2001
Defendants' Attorney Fee Award Must Be Supported by Record by The court of appeals for the Tenth circuit held that district courts who award civil rights defendants attorney fees must explain the basis for the award. G. Sam Houston is a Colorado prisoner convicted of assorted sex crimes against children. …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
$3 Million Award Not Excessive in Prisoner Beating Death by The US Court of Appeals for the Sixth Circuit upheld a $778,000 verdict and $2.2 million punitive damage award against Shelby County, Tenn. deputy sheriff Rhett Shearin and life prisoner Jerry Ellis in a county jail beating death where Shearin …
Montana Court Awards PLRA-Capped Attorney Fees Under Catalyst Theory by by Matthew T. Clarke A federal district court in Montana has awarded attorney fees to prisoners in a Montana jail, even though the case was settled outofcourt, because the suit was the catalyst of change similar to the relief requested …
Attica Compensation Served Up 29-Years-Cold by Two weeks short of 29 years after the Attica massacre, a federal judge divided an $8 million settlement to compensate more than 500 Attica prisoners and surviving relatives for the abuse suffered when prison guards and state troopers retook the prison after a 5 …
Article • April 15, 2001 • from PLN April, 2001
Coalition for Prisoners' Rights? by Paul Wright The Coalition for Prisoners' Rights (CPR) is based in Santa Fe, New Mexico and since 1981 has published a small newsletter by the same name. After PLN had recruited counsel to litigate the Oregon bulk mail case, PLN v. Cook [see accompanying article] …
$57,000 Awarded in Illinois Prison Beating by Lonnie Burton In 1999 an Illinois state prisoner was awarded nearly $57,000 in damages and fees following trial on his charges that fellow prisoners beat him while a guard stood and watched. Ronnie W. Carroll filed suit in the United States District Court …
Texas Death Machine Faces Renewed Criticism by A report released October 16, 2000 by the Texas Defender Service, a nonprofit group that represents death row prisoners, concludes that "an intolerably high number of people are being sentenced to death [in Texas] and propelled through the appellate courts in a process …
Court May Reduce Post-Judgement Attorney's Fees Rate and Billable Hours by The Ninth Circuit has held that the district court may reduce the rate of pay and number of billable hours for postjudgment work by prevailing civil rights attorneys in prisoner cases when the postjudgment work is less complex and …
$1.18 Million in Santa Clara Co. Sexual Assault/Harassment Suit by $1.18 Million In Santa Clara Co. Sexual Assault/Harassment Suit Female prisoners were awarded a total of $1,180,000 in damages and attorney's fees in the settlement of a suit filed against the Santa Clara County, California, Board of Supervisors and Department …
Death as a Salesman: Benneton Ad Campaign Comes to Death Row by Dan Pens By Dan Pens In January, 2000, Italian fashion conglomerate Benetton Group kicked off a worldwide "issue advocacy" ad campaign titled "Looking Death in the Face." The ads, featuring images of death row prisoners, sparked outrage among …
Attorney Fees Awarded in Challenge to Nevada Shooting Policy by A federal district court in Nevada warded prisoners attorneys' fees and costs totaling $374,370.17 in an action challenging prison practices concerning the use of force and mental health services. Following the decisions, the Nevada Attorney General's office negotiated the award …
Article • December 15, 2000 • from PLN December, 2000
Controversy Surrounds Letourneau Tape by A Washington DOC investigator allegedly left his job at the state women's prison in Purdy with a souvenir: a tape recording of Mary K. Letourneau talking on the phone with her attorney. After starting a new job at the state Attorney General's office in 1998, …
Actual Innocence--Five Days to Execution and other Dispatches From the Wrongly Convicted by Roger Hummel By Barry Scheck, Peter Nuefeld, and Jim Dwyer Review by Roger Hummel Since 1963, at least 381 murder convictions across the nation have been reversed because of police or prosecutorial misconduct yet not one of …
$16 Million Agreement to Revamp NJ Prison Mental Health Care by A federal district court in New Jersey has approved a $16 million settlement in a class-action suit against state prison officials for constitutionally deficient prison mental health care. Patricia P. Pearlmutter, assistant professor of clinical law at the Center …
Washington Radiation Suit Settled for $2.4 Million by Hans Sherrer By Hans Sherrer On March 14, 2000, a classaction lawsuit by Washington State prisoners who participated in radiation experiments from 1963 to 1971 was settled for $2.4 million. Sixty-four prisoners at the Washington State Penitentiary at Walla Walla were involved …
Article • November 15, 2000 • from PLN November, 2000
$35,000 Awarded to CA Prisoner in Beating Suit by On October 14, 1999, U.S. district court judge Susan Illston ruled that three Pelican Bay state prison guards had violated the Eighth amendment rights of prisoner Ricky Gray. Gray had filed suit under 42 U.S.C. § 1983 claiming that while being …
Ninth Circuit Reverses Madrid v. Gomez, Adopts Martin v. Hadix by Ninth Circuit Reverses Madrid V. Gomez, Adopts Martin v. Hadix By Matthew T. Clarke The Ninth Circuit has ruled that the Prison Litigation Reform Act (PLRA) attorney fees caps do not apply to work performed prior to the enactment …
Pro Se Tips and Tactics by John Midgley Supreme Court on Kind and Quality of Appellate Counsel by John Midgley In three recent decisions, the U.S. Supreme Court addressed the kind and quality of representation to which people are entitled on appeal of their criminal convictions. If your conviction is …
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